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Mariano
M. Florido et al. (1973)
G.R. No. L-35095 August 31, 1973
Lessons Applicable: Elements of Quasi-Delict (Torts and Damages)
FACTS:
August 4, 1971: German C. Garcia, Chief of the Misamis Occidental Hospital, his
wife, Luminosa L. Garcia, and Ester Francisco, bookkeeper of the hospital, hired and
boarded a PU car owned and operated by Marcelino Inesin, and driven by
respondent, Ricardo Vayson, for a round-trip from Oroquieta City to Zamboanga
City for the purpose of attending a conference
August 4, 1971 9:30 a.m.: While the PU car was negotiating a slight curve on
the national highway at 21 km, it collided with an oncoming passenger bus owned
and operated by the Mactan Transit Co., Inc. and driven by Pedro Tumala
Garcia et al. sustained various physical injuries which necessitated their medical
treatment and hospitalization
Garcia et al. filed an action for damages against both drivers and their owners
for driving in a reckless, grossly negligent and imprudent manner in gross violation
of traffic rules and without due regard to the safety of the passengers aboard the PU
car
RTC: Dismissed the case because it is not quasi-delict because there is
a violation of law or traffic rules or regulations for excessive speeding
ISSUE: W/N Garcia et al. can still file a civil action for quasi-delict despite having a
criminal action.
HELD: YES. decision appealed reversed and set aside, and the court a quo is directed to
proceed with the trial of the case